K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2401 (2026)

How trust concerning land created

✓ current as of May 2026
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58-2401. How trust concerning land created. No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his or her attorney thereto lawfully authorized in writing.

History: G.S. 1868, ch. 114, § 1; October 31; R.S. 1923, 67-401.

Notes of Decisions
Cited in 5 cases, 1983–2012 · leading case: Morris v. Kasparek (In Re Kasparek), 426 B.R. 332 (10th Cir. BAP 2010).
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Morris v. Kasparek (In Re Kasparek), 426 B.R. 332 (10th Cir. BAP 2010). · cites it 2× “Kan. Stat. Ann. § 58-2401 (emphasis added).”
Nat'l Bank of Pittsburg v. Butler (In Re Butler), 38 B.R. 884 (Bankr. D. Kan. 1984). “§ 58-2401 (1976). The Court finds that since there was no written document creating a trust for Dixie Lee Kemp, in this case no trust exists herein.”
Harter v. Harter, Inc. (In Re Harter, Inc.), 31 B.R. 1015 (D. Kan. 1983). · cites it 2× “That section provides: “No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his or her attorney thereto lawfully authorized in writing.”
Colonial Presbyterian Church v. Heartland Presbytery, 375 S.W.3d 190 (Mo. Ct. App. 2012). “See Kan. Stat. Ann. § 58-2401 (mandating that an express trust over real property be conveyed in writing); and Godley v.”
Potucek v. Potucek, 719 P.2d 14 (Kan. Ct. App. 1986). · cites it 4× “The defendant contends that since the trust statute, K.S.A. 58-2401, prohibits the creation of an express oral trust concerning land and since the trial court did not rule on plaintiffs’ claim of a constructive trust, the trial court’s decision was erroneous.”
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